Can chapter 13 really save my home deliquent for a year already

[debt]

I got so much question I am hoping someone can advise me. Here is my situation:
I bought the house in 2006 fist mortgage is $650000 and 2nd is 237,904. I lost my job and was deliquent on March last year. It took me a long time to get a job finally got a job last Sept,08. I have used up all my credit cards for living expenses I owe about 100k on credit cards. I have been late on my mortgage for a year now and it hasnt been foreclosed yet. Im not sure if I can still save my house because I am late for a yr already and mortgage payment went up because of the deliquent property tax and escrow shortage.Last year I applied for modification before my mortgage went up and was denied then I decided to short sale the house, there was a buyer and now she recently backed out.
When i heard about Hr 200, I want to file for chapter 13 and heard about chapter 13 can lien strip the 2nd. Thats why now I want to file for chapter 13

Since the buyer backed out now I really want to keep the house.
1. can chapter 13 help me save my house since it hasnt been forclosed yet?

2.what happens to the past due payment?

3.What if I cant afford the payment plan that I will be under if I file chapter 13?

4. who decides the percent plan your going to pay in Chapter 13?

5. Lien stripping the second how does that work with the balance of 237k? does the payment go on top of the repayment plan if your on chapter 13?

6.I am trying to modify the payment as well with the 1st mortgage because it went up because they advanced my property tax. it went up so high. If I file for chapter 13 can my mortgage still modify my loan? if i will be on chapter 13, I wanted to file this month and the modification has no answer yet from the bank because I just turned it in.

7.I saw an article about HR 3609? whats difference between Hr 200 that hasnt been signed yet? Will any of these help me save my house? under chapter 13


This is so complicated, I dont know what to do? any advise would help a lot thanks

[lrprn]

I bought the house in 2006 fist mortgage is $650000 and 2nd is 237,904. ... Im not sure if I can still save my house because I am late for a yr already and mortgage payment went up because of the deliquent property tax and escrow shortage.

Are you a full 12 months in arrears (no payments for 12 months)? Or just a month or two behind on payments and haven't been able to catch up for 12 months?

1. can chapter 13 help me save my house since it hasnt been forclosed yet?

Yes, if you really can afford the house payments that will result after the second is lein-stripped (if it can be).

2.what happens to the past due payment?

The past due arrears are caught up in your Ch 13 plan.

3.What if I cant afford the payment plan that I will be under if I file chapter 13?

An experienced and savvy Ch 13 lawyer can ensure this doesn't happen. You need to find one, especially in your situation.

4. who decides the percent plan your going to pay in Chapter 13?

Your monthly payment plan payment and the % payback to your non-secureds depends on two things - 1. the amount of disposable income showing on your Means Test and Schedules, and 2. how many of your non-secured creditors file a claim to be included in your Ch 13 plan.

5. Lien stripping the second how does that work with the balance of 237k? does the payment go on top of the repayment plan if your on chapter 13?

Please do a search for "lien stripping" to see how this works. There are multiple posts about this already in the Ch 7 and Ch 13 forum areas.

6.I am trying to modify the payment as well with the 1st mortgage because it went up because they advanced my property tax. it went up so high. If I file for chapter 13 can my mortgage still modify my loan?

No. If you file, your estate is basically frozen on filing day unless your lawyer files an amended plan because your financial situation changes significantly and permanently.